Criminal Breach Of Trust Meaning
A reading of the section suggests that the gist of the offence of criminal breach of trust is dishonest misappropriation or conversion to own use another s property which is nothing but the offence of criminal misappropriation defined u s 403.
Criminal breach of trust meaning. A reading of the section suggests that the gist of the offence of criminal breach of trust is dishonest misappropriation or conversion to own use another s property. Criminal breach of trust criminal breach of trust is committed by a person who being in any manner entrusted with property or with any dominion over property dishonestly misappropriates or converts to his or her own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of. As the name itself is indicative of violative of trust through any act which was not authorized amounts to criminal breach of trust.
The distinction between larceny and a breach of trust is to be found chiefly in the terms or way in which the thing was taken originally into the party s possession. The definition of criminal breach of trust has been provided in section 405 of the penal code. A failure to act responsibly for someone who has given you something to keep safe for example.
The offence of criminal breach of trust as defined under section 405 of ipc is similar to the offence of embezzlement under the english law. Criminal breach of trust is a criminal offence according to the provision of section 405 of the indian penal code this offence is similar to the offence of embezzlement in english law. More severe punishments are prescribed for criminal breach of trust by a carrier wharfinger or warehouse keeper s 407 of the penal code criminal breach of trust by a servant or agent s 408 of the penal code and criminal breach of trust by a public servant banker merchant factor broker attorney or agent s 409 of the penal code.
The offence of criminal breach of trust as defined under this section is similar to the offence of embezzlement under the english law. In order for the charge of cbt to be made out the following elements must be fulfilled. The definition of criminal breach of trust cbt is laid out under section 405 of the penal code.
3 this offence is similar to the offence of embezzlement under the english law. The willful misappropriation by a trustee of a thing which had been lawfully delivered to him in confidence. 4 the offence of embezzlement seems to be similar to that offence of criminal misappropriation in india under section 403 but the only difference is that the possession of the property is entrusted by the owner.
Aggravated criminal breach of trust if you hold a special position and abuse your power you could be charged under the penal code provisions for aggravated cbt. The offender was entrusted with property or with dominion over property.
